Implementation of an Interagency MOU to

Safeguard Air Quality and Improve Coordination for Federal Oil & Gas NEPA

DecisionsBureau of Land ManagementU.S. Forest Service

Environmental Protection AgencyNational Park ServiceFish & Wildlife Service

WESTAR MeetingApril 16, 2012

Catherine Collins Branch of Air Quality FWS 1

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Overview MOU Purpose, Concepts &

Goals MOU Implementation

NEPA Air Quality MOU Basics:

Signed on June 23, 2011, by USDA, DOI and EPA officials

Five participating agencies

EPA BLM FWS NPS FS

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Purpose of the MOU Collaboration: Improve collaboration and respect in

conducting analyses of air quality and AQRV impacts and mitigating those impacts;

Certainty: Provide greater certainty and transparency for agencies, project proponents, and the public regarding the conduct and review of air quality and AQRV analyses in the NEPA process, and the application of mitigation;

Regional Perspective: Promote and support a regional perspective on air resources, and collaborative development of appropriate regional air quality assessments; and

Mitigation: Encourage both integration of design features that reduce emissions and application of cost-effective mitigation measures in projects covered by this MOU.

What Does the MOU Mean for Federal Decision Makers & Planners? Managers’ decision space for Federal oil &

gas decisions remains the same under the MOU.

The process Agencies use to gather and disclose information is different.

The new process emphasizes collaboration. The MOU does not change the roles or

responsibilities of states or other partners, or interfere with states’ regulatory authority.

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Air Quality and Oil & Gas DevelopmentMOU Premise

The agencies: “acknowledge that air resources are important and

merit protection within their respective legal authorities. Accordingly, the Agencies will strive to ensure, to the maximum extent practicable,

that Federal decisions relating to oil and gas will not cause or contribute to exceedances of the

NAAQS, nor adversely impact AQRVs . . .”

MOU Section I., page 3

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Air Quality and Oil & Gas DevelopmentMOU Premise

"recognize that Federal land management agencies must consider multiple

resources when authorizing activities, and, therefore, acknowledge that air

quality and AQRVs are among the many resources that must be considered in

the decision making process." MOU Section I., page 3

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MOU Benefits and Desired Outcomes

Early collaboration will ensure all agencies are informed, have opportunity to participate and reduce disagreements and resulting project delays.

Procedures will ensure air quality and AQRV analyses follow a consistent approach

Encourages consistent consideration and protection of air quality and AQRVs

Air Analyses The MOU outlines steps that all 5 Agencies

will use to decide when modeling is appropriate, including:

- Reasonably foreseeable number of wells;- Emissions Inventory; and- Application of modeling criteria that consider

a plan or project’s emissions/impacts and location.

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Land Use Planning Stage

Project Stage

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Specific Procedures: Air Analyses

MOU requires air quality modeling when specified criteria are met – criteria include:

Emissions/Impacts Geographic location

MOU Mitigation Measures

The Lead Agency will identify mitigation in collaboration with Agencies.

The Lead Agency will:- determine appropriate mitigation to

eliminate or reduce adverse impacts to air quality & AQRVs;

- ensure its implementation;- consider a monitoring and enforcement

program; and- take appropriate action if mitigation is

not effective.

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MOU Benefits and Desired Outcomes

Encourages efficiencies through reusable data, reducing cost and analysis completion time.

Provides a resolution process, with specified timelines and hierarchy of decision makers, if a dispute arises.

If the Lead Agency follows the procedures in the MOU, then EPA agrees it will deem the AQ and AQRV analysis as adequate;

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Accomplishments since signing the MOU on June 23, 2011

The Joint Agency Implementation Team focused on: disseminating information

about the MOU, planning implementation, and developing and providing

trainings. 

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Accomplishments since signing the MOU on June 23, 2011

 Briefings and Coordination

  Stakeholders were briefed upon signature of the

MOU All agencies have briefed their staff AQ MOU Basics: What, Why and How AQ MOU Procedures and Decisions Questions &Answers Session on the MOU Technical Training for Air Specialists & NEPA

Specialist

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Accomplishments since signing the MOU on June 23, 2011Future Implementation Activities

The I-Team will continue to: provide outreach and resources look for opportunities to share

information about the MOU with interested states and other stakeholders

Take-Away Messages The MOU’s collaborative approach preserves managers’

decision space for Federal oil & gas decisions, but; New procedures will be used for the NEPA air quality &

AQRVs analyses and mitigation determinations. The MOU guides Federal Agencies’ working

relationships and does not change States’ regulatory authority or NEPA participation.

Focus on increased efficiencies through more effective interagency collaboration & dispute resolution.

The MOU recommends methods to increase efficiencies through reuse of modeling data.

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Where can I get the MOU & Additional Information?

DOI Press Release: http://www.blm.gov/wo/st/en/info/newsroom/2011/june/NR_06_27_2011.html

White House: http://www.whitehouse.gov/the-press-office/2011/08/31/white-house-announces-steps-expedite-high-impact-infrastructure-projects

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Agency Web Pages:

NPS: http://www.nature.nps.gov/air/ FWS: http://www.fws.gov/refuges/AirQuality/index.html FS: http://www.fs.fed.us/air/ EPA: http://www.epa.gov/compliance/nepa/index.html

& http://www.epa.gov/gateway/learn/airpollution.html BLM: http://www.blm.gov/wo/st/en.html

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Who Can Answer Questions?Implementation Team members

FS: Ann Acheson, National Air Program FS: Jeff Sorkin, Rocky Mountain Regional Office BLM: Kerry Rodgers, BLM-WO BLM: Dave Maxwell, NOC FWS: Catherine Collins, Branch of Air Quality NPS: Andrea Stacy, Air Resources Division EPA: Jessica Trice, HQ NEPA Compliance EPA: Ken Distler, Region 8

The Joint Agency Implementation Plan lists other contacts.

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Questions